Qualifying For Spousal Support and What You Should Know

How is Spousal Support (Alimony) Calculated in Texas? 

Before embarking on a journey to obtain spousal support (previously known as alimony) in Texas, know that the road to receipt in the lone star state is a difficult one. To begin with, Texas law starts every divorce case with the presumption that spousal support is not appropriate. And when alimony is considered by the court, there are a litany of qualifications to bet. Nevertheless, there are cases in which a person is in need and deserving of financial support during or after a divorce. Therefore, it’s important to understand how spousal support is granted and calculated in Texas.

What is Spousal Support? 

Spousal support is payment from one spouse to another during or following a divorce. The amount and length of payment is determined by a judge in a contested divorce. It can also be agreed upon and entered into a contract by both spouses in an divorcio no contestado or via la mediación.

What Types of Spousal Support are Available in Texas?

Texas offers two types of spousal support: court-ordered spousal maintenance and contractual alimony.

Spousal Maintenance 

In spousal maintenance, a judge reviews a variety of factors about the couple and their marriage to determine if support is appropriate, how much it should be, and how long it should last. If the payer does not keep up with spousal maintenance payments, they can be found in contempt of court and face jail time.

Contractual Alimony 

Contractual alimony is a spousal maintenance amount that’s contractually agreed upon by both spouses. Due to the difficulty of receiving court-ordered maintenance in Texas, contractual alimony is an easier alternative, considering both spouses can reach an agreement. If the payer does not follow through with their contractual obligation to pay alimony, the recipient can sue.

Temporary and Short-Term Spousal Support in Texas

There are two orders that relate to the length of spousal support required in Texas:

Temporary Spousal Support 

Temporary spousal support can be ordered by the court when a couple separates during the divorce process. The support ends when the divorce is finalized. This is extremely common and may cover a party’s minimum reasonable needs including rent, utilities, car payment, and even credit cards.

Short-Term Spousal Support 

Short-term support can be ordered following divorce if one spouse needs time to find a job and be able to live independently again. The support lasts until a date when the receiving spouse should be self-sufficient again, according to the court.

Qualifying for Spousal Support in Texas? 

Either spouse in a divorce can request and qualify for spousal support in Texas if they meet a variety of strict conditions (again, Texas courts begin every spousal maintenance case with the presumption that support is not appropriate):

• The requesting spouse has demonstrated that they’ve made a legitimate effort to earn income or acquire necessary education or training to become financially independent
• The requesting spouse lacks sufficient means at the time of divorce to provide for his or her basic needs
• The spouse from which support is being requested was convicted of family violence against the other spouse or their children within two years of the divorce, or during the divorce period
• The requesting spouse is incapable of earning sufficient money to be self-reliant due to a physical or mental disability
• The requesting spouse is a custodial parent incapable of working and earning an income due to  a child requiring significant care or supervision due to a mental or physical disability

If these qualifications are met, the court evaluates the following factors to determine the type, amount, and length of support:

Does Income or Earning Potential Impact Spousal Support Amount?

Income or earning potential does impact spousal maintenance amounts in Texas to a point. Support can never exceed the lesser of $5,000 per month or 20% of the payer’s average net monthly income after taxes.

What about Stay-at-Home Parents or Spouses? 

The Texas court system will make considerations for individuals who stayed at home to take care of children or the household. However, because the state places a high emphasis on residents being active in the workforce, stay-at-home individuals should start looking for employment upon entering a divorce because support orders are generally kept to the minimum amount of time reasonable for them to become financially independent.  An experienced derecho familiar can assist you with questions about implications and considerations for stay-at-home individuals.

How Does Length of Marriage Factor into Length of Spousal Support in Texas? 

Barring special considerations to be discussed below, length of marriage directly factors into duration of support. The following table shows the length of marriage in relation to the length of spousal support available:

For cases in which spousal support is ordered due to a physical or mental disability, duties of a custodial parent of an infant or young child of the marriage, or similar compelling reason, duration of payment can continue as long as the condition(s) persists, regardless of length of marriage.

Can Spousal Support End Early in Texas? 

Regardless of the type of support ordered or the length of marriage, spousal support will be terminated early in Texas under the following conditions:

• One of the spouses die
• The spouse receiving support remarries
• The spouse receiving support moves in with someone with whom they’re in a relationship
• A future court order deems support is no longer necessary

Unlike some other states where spousal support is more attainable and follows a fairly routine formula, spousal maintenance in Texas is both tougher to receive and calculate. Contact Carrrington Smyth PLLC today with additional questions on how spousal support is calculated in Texas, or with specific questions about your situation.